HomeMy WebLinkAboutDIAMOND CONSTRUCTION & DESIGN (KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES CITY OF SANTA ANA
CTRA-X CONSTRUCTION CONTRACT
CITY CLERK
DATE: PROJECT 20-6963; ATPSBIL-5063(199)
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
�P1,0A(2xAvyI'his CONSTRUCTION CONTRACT is made and entered into this 18th day of April, 2023 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and existing
(M ivy under the Constitution and laws of the State of California (hereinafter "CITY"), and Diamond
JJ Construction & Design (hereinafter "CONTRACTOR").
N WITNESSETH:
0
N
r• The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
0
z 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the Kennedy Elementary And Villa Fundamental Intermediate SRTS
(hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with
the Contract Documents prepared by the City's Public Works Agency and approved by the City
Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Seventy Four
Thousand One Hundred Forty Nine Dollars and Eighty Cents ($1,374,149.80), as set forth and
identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
rev. 03/08/2023 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.orgJpwa/doculnents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 3
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: ���
JOHN FUNK
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
ABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
k Q- `-
KRISTINE RIDGE
City Manager
CONTRACTOR:
Diamond Construction & Design
NAME: Stelian Onufrei
TITLE: General Partner
Page 3 of 3
Mai, Danny
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Thursday, May 25, 2023 9:10 AM
To: adinal977@hotmail.com; Ruvalcaba, Angelica; Mai, Danny; eve@eahinsurance.com;
Castillo, Jose Gilbert; Payo, Mahina
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND IN(. Lt D . N'rrH AGREEMENT TO THE CLERK OF THE COI NCIL
Contractor Diamond Construction & Design
Name:
Project 20-6963; ATPSI31 L-5063(199)
Number:
Project Kennedy Elementary And Villa Fundamental Intermediate SRTS
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY
EXPIRATION
COI DATE
FILE NAME
NUMBER
DATE
AUTOMOBILE LIABILITY
021509126
11/20/2023
05/19/2023
City Santa
Anaa..pdf
City of Santa
GENERAL LIABILITY
001269351
01/29/2024
05/19/2023
Ana.pdf
LETTER -no
PROFESSIONAL LIABILITY
WAIVER
12/li/2023
01/11/2023
professional -
SA-
12.13.22.pdf
WORKERS COMPENSATION AND
WPL506533601
04/26/2024
05/19/2023
City of Santa
EMPLOYERS' LIABILITY
Ana.pdf
Thank you,
City of Santa Ana
Risk Management Division
1
in partnership with
CTrax Plus Services Team
5/25/2023 12:09 PM
CITY OF SANTA ANA EXHIBIT A
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Diamond Construction & Design
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed work,that
they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and
do all the work required to complete the said work in accordance with said plans (if any) and the
specifications for the unit price(s) or lump sum(s) set forth in the following schedule:
Item Description Qty Unit Unit Price Amount
1 Unclassified Excavation* 620 CY $ $
120 $74,400
2 AC Pavement* 1,260 TN $ $
108.28 $136,432.80
3 Cold Mill 2"* 62,000 SF $ 0.38 $
23,560.00
4 Rubberized Emulsion Aggregate Slurry 160 TN $ 400 $
(REAS),Type II* 64,000
5 Crack Seal 1 LS $ 16450 $ 16,450
6 PCC Sidewalk(T=4")* 10,100 SF $ 16 $
$161,600
7 PCC Driveway/Alley Approach(T=8")* 860 SF $ 28 $ $24,080
8 PCC Curb Ramp* 1,100 SF $ 35 $ $38,500
9 PCC Curb and Gutter(Type A-2-8)* 1,800 LF $ 52 $
$93,600
10 PCC Curb(Type B-1)* 260 LF $ 40 $
10,400
11 PCC Cross-Gutter(T=9")* 2,700 SF $ 27 $ 72,900
12 PCC Grinding* 500 LF $ 5 $ 2,500
13 PCC Gutter Depression at Catch Basin include 30 LF $ 24 $720
dowels spaced 18"
14 Parkway Box Culvert 1 EA $ 14000 $
14,000
15 Truncated Dome 2 EA $ 1500 $
3,000
P-1 of P-17
CITY OF SANTA ANA
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
Item Description Qty Unit Unit Price Amount
16 Stamped Concrete* 1,400 SF $ 25 $ 35,000
17 Aggregate Base * 45 CY $ 115 $
5,175
18 Root Shave* 40 EA $ 600 $
24,000
19 Remove Tree 1 EA $ 800 $ 800
20 Furnish and Plant tree(Crape Myrtle,24"box) 1 EA $ 1350 $ 1350
21 Furnish and Install Water Valve Frame and 10 EA $ $
Cover to Finished Grade 750 7,500
22 Adjust Manhole Frame and Cover to Finished 4 EA $ 1350 $ 5,400
Grade
23 Signing and Striping 1 LS $ 116,245 $ 116,245
24 Furnish and Install Speed Feedback Sign and 2 EA $ 33,680 $67,360
Pole
25 Traffic Signal Modification at Grand Ave and 1 LS $ $
181,457 181,457
Chestnut Ave
26 Install APS System at Grand Ave and Chestnut 1 LS $ $
Ave 19,595 19,595
27 Install Video Detection System at Grand Ave 1 LS $ $
and Chestnut Ave 41,195 41,195
28 Install 2"PVC Conduit per plan* 20 LF $ $ 1,340
67
29 Install 3"PVC Conduit per plan* 60 LF $ $ 4,020
67
30 Install 4"PVC Conduit per plan* 410 LF $ 67 $27,470
31 Install No. 6 Pull Box 7 EA $ $1200 8,400
32 Install No. 6E Pull Box 2 EA $ 1200 $
2,400
33 Install Traffic Signal Loop Detector Type D 56 EA $ $
(Circular)* 350 19,600
34 Install Traffic Signal Loop Detector Type E* 104 EA $ 325 $
33,800
35 Install Traffic Signal Loop Detector Type Q* 4 EA $ 350 $
1,400
36 Pothole Traffic Signal Pole Location for Utility 4 EA $ 2,100 $
Conflicts* 8,400
37 Temporary Overhead Wiring at Grand Ave and 1 LS $7,500 $
Chestnut Ave 7,500
P-2 of P-17
CITY OF SANTA ANA
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
Item Description Qty Unit Unit Price Amount
38 Pothole for Utilities Not Shown on the Plans* 2 EA $ 1000 $ 2,000
39 Project Advertisement Sign 2 EA $ 800 $ 1,600
40 Construction Permit 1 LS $15,000 $ 15,000
TOTAL BASE BID (Items I to 40) $ '
149.80
ADD ALTERNATE BID
Item Description Qty Unit Unit Price Amount
41 Install APS System at Chestnut Ave and Lyon 1 EA $ 17,500 $ 17,500
St
42 Install Video Detection System at Chestnut Ave 1 EA $ 40,250 $
and Lyon St 40,250
43 Install GTT Opticom GPS EVP at Grand Ave 1 EA $ 13050 $
and Chestnut Ave , 13,050
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown
above, within one hundred (100) working days after the commencement date stated in the Notice
to Proceed. Furthermore, all non-traffic signal related work,including but not limited to sidewalk,
curb and gutter, stamped concrete, coldmill, AC pavement, slurry seal, and signing and striping
shall be completed within the first 50 working days.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be $2,500 per calendar.
Name of Firm Diamond Construction& Design
Signature of BIDDER "`
Title general partner
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-3 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent
Construction Contract Agreement shall constitute the entire agreement between BIDDER and the
AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council
with her signature and official seal noting hereon the action of approval of the Council, signed by
the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the
City Attorney, denoting his approval of the form of this document, and its execution, and when it
or an exact copy of it has been either delivered to BIDDER or deposited with the United States
Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.
BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she
will furnish AGENCY all required bonds and certificate of liability insurance within ten (10)
business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof
accompanying this proposal shall become the property of the AGENCY and shall be considered
as payment of damages due to the delay and other causes suffered by AGENCY because of the
failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages
actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond
substituted in lieu thereof shall be returned to the undersigned.
BIDDER understands that a bid is required for the entire work, the estimated quantities set forth
in the bid schedule are solely for the purpose of comparing bids, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed. The
BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.15 of the California Business and Professions Code, the
undersigned certifies under penalty of perjury that the foregoing is true and correct.
Name of Firm Diamond Construction& Design
Signature of BIDDER
Title General Partner
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-4 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and
all his/her subcontractors are registered with the State of California Department of Industrial
Relations (DIR), and that the following is true and correct.
Contractor's Name: Diamond Construction & Design
Business Address: 921 N Harbor Blvd #622, La Habra Ca 90631
Business E-Mail Address: stely907@yahoo.com
Telephone: 714-240-3698
State Contractor's License No. and Class: 521295
License Expiration Date: 02/28/25
State Dept. of Industrial Relations (DIR)
Registration No.: 1000024690
State Dept. of Industrial Relations (DIR) 06/30/23
Registration Expiration Date:
e-2
Signed:
Title: General Partner
P-5 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as
California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on"public
works" and"maintenance"projects. Since the services are being performed as part of an applicable
"public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and since the
total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws.
City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the services available
to interested parties upon request, and shall post copies at the Contractor's principal place of
business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and
agents free and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
The undersigned certifies that the foregoing is true and correct.
Name of Firm Diamond Construction& Design
Signature of BIDDER
Title General Partner
(if an individual, so state)
P-6 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all
subcontract work exceeding the following amount:
o Streets,highways including bridge projects: ''/2%of the bid or$10,000,whichever is greater
o Buildings,parks, or other projects: ''/2%of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State
Department of Industrial Relations (DIR).
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name Hardy &Harper Name V&E tree
License #/Exp. 215952 expl2/31/23 License#/Exp. 654506 exp 09/23/24
DIR Reg. #/Exp. 1000000016 exp DIR Reg. #/Exp. 1000001936 exp 06/30/25
Location 32 rancho circle, lake forest Location Po Box 3280 Orange ca
Phone 714-444-1851 Phone 714-997-0903
Type Of Work asphalt Type Of Work root shave, tree cutting
Amount $ 160,000Amount$ $24,800
Name NM rubberized Name CROSSTOWN ELECTRICAL
License #/Exp. 986686 exp 09/30/23 License#/Exp. 756309 EXP 11/30/24
DIR Reg. #/Exp. 1000006438 exp 06 30 23 DIR Reg. #/Exp. 1000000155 EXP 06/30/23
License # License#
Location 32 rancho circle, lake forest Location
Phone - - Phone 626-813-6693
Type Of Work crack seal Type Of Work
Amount $ $16,450 Amount$ 380,307
Name Name
License #/Exp. License#/Exp.
DIR Reg. #/Exp. DIR Reg. #/Exp.
License # License#
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount$
Signature of Bidder
P-9 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER has performed similar work within the past three years.
I California State Parks - 35 Crystal Cove, Newport Beach Ca 92657
Name and Address of Owner.
Randall Gamache - 949-599-6516
Name and Telephone Number of person familiar with project.
$274,900 ry park repairs, drainage, surface repairs DEC 2022
Contract Amount Type of Work Date Completed
2.
Carpinteria State Beach- 5361 6th St, Carpinteria Ca 93013
Name and Address of owner.
Caesar Romo - 805-651-0569
Name and Telephone Number of person familiar with project. NOV 2022
$274,900 repairs surfaces
Contract Amount Type of Work Date Completed
3. Calle Real Waterline - 3917 Calle Real San Clemente, Ca 92673
Name and Address of owner.
Gregg Diest- 949-337-3139
Name and Telephone Number of person familiar with project.
$846,974 waterline upgrade MAR 2023
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance and bonds.
William Syrkin - Millenium Corp Services
ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds
P-10 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER or Subcontractor has performed similar work in the past five years.
I Bicycle Casino - 888 Bicycle Casino Dr, Bell Gardena Ca 90201
Name and Address of Owner.
Luis Sanchez - 310-743-5123
Name and Telephone Number of person familiar with project.
$1,473,000 street improvements JUN 2021
Contract Amount Type of Work Date Completed
2. Residential Street- Santa Ana- multiple locations
Name and Address of owner.
Jose Castillo - 714-647-4700
Name and Telephone Number of person familiar with project.
$738,611 street improvements JAN 2023
Contract Amount Type of Work Date Completed
3 Rosecrans & Valley View Intersection - Santa Fe Springs
Name and Address of owner.
Francisco Villasenor- 323-806-7067
Name and Telephone Number of person familiar with project.
$916,653 intersection improvemets DEC 2022
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance and bonds.
William Syrkin -Millenium Corp Services
ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds
P-11 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
NON-DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies
as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with
such rules, regulations, and orders.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise
provided by law.
P-13 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1)through (7)in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontract or purchase order as the administering agency may direct as means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the
Contractor may request that the United States enter into such litigation to protect the interests
of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
contractor of public works violating this Section is subject to all the penalties imposed for a
violation of the Chapter.
Signed: `'
Title: General Partner
Firm:
Diamond Construction & Design
Date: 03/02/23
P-14 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor
Code regarding employment of apprentices, and understands that contractors on contracts
exceeding $30,000 or 20 working days shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the
craft or trade in the area of the site of the public work for a certificate approving the contractor
under the apprenticeship standards for the employment and training of apprentices in the area
or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the
apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or
apprentices on the public work, in the same amount or upon the same basis and in the same
manner as the other contractors, except contractors not signatory to the trust agreement shall
pay a like amount to the California Apprenticeship Council.
Signed: `
Title: General Partner
Firm: Diamond Construction& Design
Date: 03/02/23
P-15 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
STATEMENT REGARDING"ANTI-KICKBACK" REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these
bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as
supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that
each contractor or subcontractor shall be prohibited from inducing, by any means, any person
employed in the construction or repair of public work, to give up any part of the compensation to
which he/she is otherwise entitled.
Signed:
Title: General Partner
Firm: Diamond Construction & Design
03/02/23
Date:
P-16 of P-17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 20-6963
KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete,
under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a
proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from
bidding on, or completing a federal, state, or local government project because of a violation of
law or a safety regulation?
x
Yes No
If the answer is yes, explain the circumstances in the following space.
P-17 of P-17
.r
tO ` , - CITY OF SANTA ANA
R ♦ PUBLIC WORKS AGENCY
* CONTRACT CHANGE ORDER
I r II "�
Project Number Project No. 20-6963 (ATPSB1 L-5063(199)); Kennedy Elementary Change Order Number 1
and Villa Fundamental Intermediate SRTS
To Diamond Construction and Design Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
EXTRA WORK AT AGREED PRICE
1. To compensate the contractor for repairing the subgrade for sidewalk which was damaged
by a water leak. Reference COR#01 dated 3/28/2024.
Agreed Price: $6,103.78
2. To compensate the contractor for repairing the irrigation lines behind the curb and gutter as
well as installing sleeve-conduit under sidewalk, due to existing tree roots damage.
Reference COR#02 dated 3/28/2024.
Agreed Price: $15,378.23
3. To compensate the contractor for costs to add additional crushed aggregate base and
Mirafi filter fabric for unsuitable soil in the alley driveway. Reference COR#03 dated
3/28/2024.
Agreed Price: $13,814.81
4. To compensate the contractor for the reinstallation and restoration of traffic signal
interconnect cable that was embedded in existing curb and gutter. Reference COR#04
dated 3/28/2024.
Agreed Price: $8,416.84
TOTAL AGREED PRICE = $43,713.66
Page 1 of 2
CITY OF SANTA ANA
of � T9
PUBLIC WORKS AGENCY
* - CONTRACT CHANGE ORDER
''I I F�II...N..
Project Number Project No. 20-6963 (ATPSB1L-5063(199)); Kennedy Elementary Change Order Number 1
and Villa Fundamental Intermediate SRTS
To Diamond Construction and Design Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on
unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all
Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this
change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit,
delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this
change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and
that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor,
all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all
Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to
file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 43,713.66
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty(20)Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date 05/29/24 Contractor Diamond Construction and Design
By � a„ / Title general partner
Approval recommended b 1- -�—� a L>r^ Date 5/31/2 Z1
PUBLIC WORK AGENCY EXECUTIVE OR
Approved by u/r/° Date W
%NAGER
(311111..eft
Ata
Attest: — Date )PO \
ITY CLERK
}
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